Parliamentary Constituencies Bill

Lord Shutt of Greetland Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 27th July 2020 Lords Chamber

[Lord Shutt of Greetland (LD) [V]]

My Lords, this Bill is about the appropriate use of the various building blocks of our democracy. The first building block is the electoral register. I have been privileged to serve as chairman of your Lordships’ Select Committee on the Electoral Registration and Administration Act 2013. Committee members are very much aware that the register itself is the first building block, and we have been very concerned by its lack of completeness. The register is perhaps 80% to 85% complete, comparing very unfavourably with 96.4% in Canada. Completeness must be improved.

We are pleased that, following the rush to get on the register for the 2019 election, two-thirds of a million people registered on the last day. However, the extra registrations from those who just missed the deadline mean that March 2020 is the most accurate date for which we have numbers, and shows the radical reform that is much needed in register-making needs. In my view, the Bill’s requirement for all constituencies to be within 5% of a quota—somewhere in the region of 73,000 people—is too tight to achieve constituencies that have clear and understandably linked communities.

It is also important to note that although wards make significant building-blocks, they vary significantly in number. In North Yorkshire, there are wards of under 1,000 electors, but there are over 70,000 electors in both Leeds and Sheffield. Polling districts will often make better building-blocks in urban areas.

Let me give the House an example. In the borough of Calderdale, where I live, both constituencies, using the 2019 numbers, are near the quota: the Halifax constituency is about 3% under it, which is within the suggested 5%, but the Calder Valley is about 6% over it, and therefore outside the tolerance figure. The splitting of a ward and the transfer of three polling districts—which are themselves distinct communities—would meet the 5% objective. Either way, the Government could get a good result. I suspect that most people would prefer not to change. However, I have to say that, in our area, either of those results would be certainly far more suitable than any of the three ways put forward by the previous Boundary Commission. Happily, these were aborted, as they would have brought in three different areas from Bradford.

Parliamentary Constituencies Bill

Lord Shutt of Greetland Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 8th September 2020 Grand Committee

[Lord Lennie (Lab)]

My Lords, we were about to find out during the adjournment what my noble friend Lord Campbell-Savours will say about this amendment, but he quite rightly got cut short by the clerk. The amendment calls for the now rather beleaguered Boundary Commission to conduct another independent review of all the consequences of automatic registration, from improved numbers of electors, to absence of democratic participation and everything in between.

This issue has gone to and fro for some time between the major parties without any party being able to point to conclusive proof that theirs is the right position. I am particularly grateful to the Select Committee on the Electoral Registration and Administration Act 2013, which produced a report on this issue and in broad terms supported automatic registration. It said in its second key recommendation:

“The Government should pursue further modernisation of registers, including piloting automatic registration for attainers and introducing assisted registration to prompt eligible voters to register when accessing other public services.”


We are talking about up to 9 million people—more than 100 constituencies-worth of voters—who are currently unregistered. They are mainly in rented accommodation, from the BAME community, from poorer households, students or vulnerable community members—people whose votes matter and who should take issues to their constituency MP and have them looked at, but do not participate in democracy. When they are surveyed, they all say that they want to participate in the democratic process, register to vote and vote, but they do not take the action to do so. It seems that this is pushing at an open door.

I think that the Conservative Party generally feels that this conflicts with their policy of individual registration, which has been around for a few years now. I do not think that individual registration has increased democratic participation in our country. Therefore, something is missing in attracting people into democratic participation. It is our view that it should be reviewed and looked at. We should look at all the evidence. People should come to give their views. The Boundary Commission would not hold an opinion on this, but it would hold the review. At the end of the review, we can take a decision, one way or another, about whether automatic registration should apply or be piloted throughout the land. However, we would need to have the evidence before us to make up our minds on automatic registration. I beg to move.

[Lord Shutt of Greetland (LD)]

My Lords, I shall speak to Amendment 24, which is in the same territory as that which has just been moved by the noble Lord, Lord Lennie, but this is not tickling the Boundary Commission’s fancy; it would require government action. It is particularly influenced by my serving as chairman of the Select Committee on the Electoral Registration and Administration Act 2013, on which a dozen Peers served and toiled over several months to produce its report. As an interesting point, I looked up today that between us we had contested at least 47 parliamentary elections and I do not know how many local government elections.

The decision to introduce individual electoral registration in place of head-of-household registration was the major feature of the Act that we were looking at. This is not the time to have a fulsome debate on that report: that is for another day. The report was published on 8 July and the Government have got until today to respond; they have less than six hours. Bearing in mind what we have heard from the noble Lord, Lord Young of Cookham, there is a chance that we might get something at 9 o’clock tonight—is there not—depending on who is responsible for this. We look forward to that, and that debate on another occasion.

The concern of the Committee on the state of the accuracy and completeness of electoral registers was our number one item of our six key recommendations. The polling district and ward registers affect constituency electoral boundaries: they are the building blocks. Our recommendations include: piloting automatic registration for attainers—that is young people over 16; introducing assisted voter registration—we heard a little about that in the earlier amendment; greater use of data matching; civic engagement and public engagement, particularly in respect of young people and under-represented groups. The UK looks closely at international experience, where other countries have a far greater percentage of the population registered to vote. It was good to hear the noble Lord, Lord Hayward, speak earlier today commending overseas experience. We should not be frightened of it.

We were surprised to learn that the completeness of registers is no better under IER than under the old system. It cannot be right that only 85% of the eligible population is registered, while in Canada it is 96%. In Northern Ireland, where IER was introduced much earlier, back in 2002, completeness was reported to us as being only 74% in a 2018 survey. You would think that having had the experience of that for 16 years, we would be getting a more complete register there. It is evident that IER has not enhanced completeness.

The IER system has led to much event-led registration. On the cusp of an election we heard that 3.85 million people applied to register to vote between the MPs voting for an election on 29 October 2019 and the last date when it was possible to register, 26 November. Only half were subsequently added to the register, as half of them were already registered. Nevertheless, 2 million people were added to the register in that brief period. It cannot be right that our hard-working electoral officers—we met several of them—have to cope with all these registration events alongside the plethora of activity in organising an election and the increasing multitude of postal votes.

This late registration has meant that the registers immediately after the December 2019 election are perhaps as good as it gets under the old registration that we now have. It is in line with the committee’s view that the Government have agreed that it is the register of 2 March 2020 that is to be used for the electorate for the 2023 review. This amendment is to make certain that, as well as endeavouring to maximise the register so that everyone entitled is able to vote, henceforth the constituency boundaries will be based as near as possible to 100% of the eligible population rather than the 85% or so that it is at present.

[Lord Campbell-Savours (Lab) [V]]

My Lords, I have refrained from speaking on other amendments so as to concentrate my remarks on Amendment 24. I was a member of the ad hoc electoral registration Select Committee, brilliantly chaired by the noble Lord, Lord Shutt of Greetland. I express my gratitude to Professor Maria Sobolewska and Dr Stuart Wilks-Heeg, who were the brilliant advisers to our committee. Equally, it was a pleasure to work with members of that committee from different political persuasions without rancour. Our only real division was, and remains, over ID cards and their use in polling booths. As I keep repeating, their day will come but we kept that division under wraps.

Parliamentary Constituencies Bill

Lord Shutt of Greetland Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Thursday 10th September 2020 Grand Committee

If my noble friend the Minister decides to stick with plus or minus 5%—which is not a new innovation, of course—I hope that he will at least take into account my view that he should perhaps be thinking about plus or minus 2.5%. If I have helped to make him look reasonable, as the noble Lord, Lord Foulkes, suggested, then I am proud of doing so because I know of no one more reasonable than the noble Lord, Lord True.

[Lord Shutt of Greetland (LD)]

My Lords, the amendments in this group are mainly to do with promoting constituencies that are genuine, from a community standpoint, rather than percentage purity. Percentages are useful, but they are a tool; community and geography should trump them. The Committee just heard from the noble Lord, Lord Forsyth, on his amendment, which would make the job of the Boundary Commissions even more difficult than the Government have. The House of Commons Library tells us that the quota is likely to be in the area of 72,600, so 2.5% either side of that would mean a flexibility of no more than 1,800 either way—that is people, not percentages. This would be far less than most local government wards and would lead to the splitting of both wards and polling districts in all but the smallest of rural wards. That amendment would make a poor Bill worse.

The other three amendments all attempt to improve the lot of the Boundary Commission in, hopefully, getting cohesive constituencies based on genuine communities. The flexibility offered by the 5% tolerance from the quota gives 3,600 people—not percentages—either side of it. Amendment 15 would move that up to 5,400. Amendment 16 would move it up to 5,800, or 7,260 in certain cases. Amendment 17 would shift the figure to exactly 7,200. An amendment being tabled next week would move it up to 10,900 in Wales. I trust that we can manage to consolidate these amendments at a later stage.

One of the fallacies of being in the grip of percentages is that the 5% used in the 2018 proposals for the 600-seat House of Commons—which are now well behind us—gave a tolerance of 3,900. These present proposals would reduce that further, as the noble Lord, Lord Lennie, alluded to earlier.

I often try and look at the other fellow’s viewpoint. We can learn a little of Her Majesty’s Government’s thinking by going back in history. Over the years, the inner-city constituencies lost population and the suburbs increased. Conservative politicians thought that meant that their constituencies were disadvantaged. Perhaps the breaking down of the “red wall” might change that a bit.

I am pretty certain that greater flexibility will assist principally in giving, let us say, a modest-sized town its own seat, rather than having to lose a bit of it to another seat or having to take in a small part of a rural area just to make up the numbers. It is of course far easier to use the building blocks of wards and polling districts to build constituencies in large cities. Small towns and large seats in rural areas are the ones that will really benefit if we can change this business of percentage purity. I hope that we can do something to make the geography and community sense of our constituencies real for people to absolutely understand.

[The Deputy Chairman of Committees (Lord Bates) (Con)]

With the consent of the noble Lord, Lord Hayward, I call the noble Lord, Lord Blencathra, next.

Parliamentary Constituencies Bill

Lord Shutt of Greetland Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 8th October 2020 Lords Chamber

Moved by

[Lord Shutt of Greetland]

16: After Clause 6, insert the following new Clause—
“Improving completeness of electoral registers for purposes of boundary reviews etc.
(1) Within a year of this Act coming into force, the Secretary of State must lay before Parliament proposals for improving the completeness of electoral registers for purposes of boundary reviews.(2) The proposals in subsection (1) may include requirements for either—(a) the Department for Work and Pensions to provide every registration officer with the name, address, date of birth and nationality of each individual in their district to whom they issue a National Insurance number ahead of their 16th birthday, and for registration officers to add to the full electoral registers those electors who they are satisfied are eligible for inclusion; or(b) the Department for Work and Pensions to notify individuals of the criteria for eligibility to vote and of the process for making an application to join the register when they are issued with a new National Insurance number.”Member’s explanatory statement
16 and 17 year olds are added to electoral registers for the purposes of boundary reviews, but many of them are not known to the registration officers. The amendment would require the Secretary of State to make proposals for improving the completeness of electoral registers and suggests two possible ways in which the issue of a National Insurance number could trigger the inclusion of 16 and 17 year olds.

[Lord Shutt of Greetland (LD)]

My Lords, I beg to move Amendment 16 as an important enhancement of the Bill, which would improve the accuracy and completeness of the electoral registers for future reviews.

The amendment has at its core the work of the Select Committee on the Electoral Registration and Administration Act, which I chaired and which reported in July. We learned, in our extensive deliberations, that though electoral registers are primarily prepared for use at elections for voting purposes, they have other uses, such as enabling juries to be enlisted and providing proof of residence by credit agencies. Importantly, they are also used as a series of building blocks for constituencies and their boundaries.

Sadly, registers are far from perfect, but it must be right to get them as accurate and complete as possible. The committee made a series of proposals for improvement. The most glaring omission from registers is that 75% of young people known as attainers—people aged 16 or 17 who may be added to the register so that they are able to vote when they attain the age of 18—are not registered. They are very relevant to this Bill—hence the reason for this amendment. I am delighted that four Members subscribing to the amendment are former members of the Select Committee and cover the four corners of the House of Lords.

There is, too, precedence for this action, in that it follows on from the work of the House three years ago in its consideration of the Higher Education and Research Bill in 2017. The House approved an amendment, moved by the noble Baroness, Lady Royall, to enable higher education students to be easily registered, through collaboration between the Office for Students and electoral registration officers. A Department for Education guidance leaflet on facilitating registration shows that in one university, De Montfort in Leicester, of those students qualified to register, 98.5% provided details for registration. The amendment seeks to put all young people in the position of the De Montfort students, so that the present 25% registration rate comes more into line with that of their elders. The Electoral Commission paper, Completeness in Great Britain, indicates that the highest rate for completeness is for the over 65s, at 94%, whereas the lowest level is that of attainers—the 16 to 17 year-olds—which has declined from 45% in 2015 to 25% in 2019.

--- Later in debate ---

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I have received no request to speak after the Minister, so I call the noble Lord, Lord Shutt.

[Lord Shutt of Greetland (LD)]

My Lords, I thank the noble Lords who spoke in favour of this amendment, which is everybody bar the Minister. It is important that this is an all-party affair and that registration is seen as beyond party. I am very disappointed in the Minister’s response, but not surprised. I do not understand how registration is a voluntary act, yet you can be fined if you do not register. That is a very strange form of volunteering.

The Minister has said a great deal about what the Government are doing. We heard about it in Committee and it is all commendable stuff. However, she has not said, for example, how it can be that in 2015 45% of attainers were on the registers and it is now down to 25%. That seems to me failure; it is not success.

I do not think this is good enough. It is not good enough for our young people, so I would like to test the opinion of the House.